[Federal Register Volume 71, Number 26 (Wednesday, February 8, 2006)]
[Notices]
[Pages 6447-6448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1725]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-822, A-428-815]


Preliminary Results of Antidumping Duty Changed Circumstances 
Reviews And Notice of Intent to Revoke Orders in Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Canada and Germany

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 28, 2005, the U.S. Department of Commerce (the 
Department) published a notice of initiation of changed circumstances 
reviews with the intent to revoke, in part, the antidumping duty orders 
on certain corrosion-resistant carbon steel flat products (corrosion-
resistant steel) from Canada and Germany, as described below. See 
Initiation of Antidumping Duty Changed Circumstances Reviews: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Canada and Germany, 
70 FR 76763 (December 28, 2005) (Initiation Notice). In our Initiation 
Notice, the Department invited interested parties to comment on the 
request to exclude ``wear plate'' (described below) from the scope of 
these orders. The Department received no comments.
    Absent any comments, the Department preliminarily concludes that 
producers accounting for substantially all of the production of the 
domestic like product to which these orders pertain, lack interest in 
the relief provided by these orders with respect to wear plate. 
Therefore, the Department preliminarily concludes that it is 
appropriate to revoke these orders, in part, with respect to 
unliquidated entries of wear plate, not subject to the final results of 
an administrative review, that have been entered for consumption on or 
after August 1, 2005, based on the fact that domestic parties have made 
an affirmative statement of no interest in the continuation of the 
orders with respect to that merchandise.

EFFECTIVE DATE: February 8, 2006.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Abdelali 
Elouaradia, AD/CVD Operations, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14\th\ 
Street and Constitution Ave., NW, Washington, DC 20230; telephone: 
(202) 482-3019 and (202) 482-1374, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty orders on corrosion-
resistant steel from Canada and Germany on August 19, 1993. See Notice 
of Antidumping Duty Order: Corrosion-Resistant Carbon Steel Flat 
Products from Canada, 58 FR 44162. See also Notice of Antidumping Duty 
Order: Corrosion-Resistant Carbon Steel Flat Products from Germany, 58 
FR 44170. On November 7, 2005, Eutectic, a U.S. importer, requested 
that the Department exclude a product commonly known as wear plate and 
marketed under the name of ``CastoDur Diamond Plate'' from the scope of 
these orders. See Eutectic's submissions to the Secretary, dated 
November 7, 2005 (Eutectic Requests). In those submissions, Eutectic 
included letters from petitioners and domestic interested parties in 
these cases stating that they had no interest in retaining this product 
in the scope of these orders.
    On December 28, 2005, the Department published a notice of 
initiation of changed circumstances reviews of the antidumping duty 
orders on corrosion-resistant steel from Canada and Germany. See 
Initiation Notice. In the Initiation Notice, the Department indicated 
that interested parties could submit comments for consideration in the 
Department's preliminary results no later than 15 days after 
publication of the initiation of these reviews, and submit responses to 
those comments no later than 7 days following the submission of 
comments. The Department received no comments from interested parties.

Scope of the Orders

    The products covered by each of these orders are corrosion-
resistant carbon steel flat products (corrosion-resistant steel) from 
Canada and Germany, respectively. This scope includes flat-rolled 
carbon steel products, of rectangular shape, either clad, plated, or 
coated with corrosion-resistant metals such as zinc, aluminum, or zinc-
, aluminum-, nickel- or iron-based alloys, whether or not corrugated or 
painted, varnished or coated with plastics or other nonmetallic 
substances in addition to the metallic coating, in coils (whether or 
not in successively superimposed layers) and of a width of 0.5 inch or 
greater, or in straight lengths which, if of a thickness less than 4.75 
millimeters, are of a width of 0.5 inch or greater and which measures 
at least 10 times the thickness or if of a thickness of 4.75 
millimeters or more are of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 
7217.90.5030, 7217.90.5060, 7217.90.5090. Included in these orders are 
flat-rolled products of non-rectangular cross-section where such cross-
section is achieved subsequent to the rolling process (i.e., products 
which have been ``worked after rolling'') for example, products which 
have been beveled or rounded at the edges. Excluded from these orders 
are flat-rolled steel products either plated or coated with tin, lead, 
chromium, chromium oxides, both tin and lead (``terne plate''), or both 
chromium and chromium oxides (``tin-free steel''), whether or not 
painted, varnished or coated with plastics or other nonmetallic 
substances in addition to the metallic coating. Also excluded from 
these orders are clad products in straight lengths of 0.1875 inch or 
more in composite thickness and of a width which exceeds 150 
millimeters and measures at least twice the thickness. Also excluded 
from these orders are certain clad stainless flat-rolled products, 
which are three-layered corrosion-resistant carbon steel flat-rolled 
products less than 4.75 millimeters in composite thickness that consist 
of a carbon steel flat-rolled product clad on both sides with stainless 
steel in a 20[percnt]-60[percnt]-20[percnt] ratio.
    On September 22, 1999, the Department issued the final results of a 
changed circumstances review partially revoking the order with respect 
to certain corrosion-resistant steel from Germany.\1\ This partial 
revocation applies to certain corrosion-resistant deep-drawing carbon 
steel strip, roll-clad on both sides with aluminum (AlSi) foils in 
accordance with St3 LG

[[Page 6448]]

as to EN 10139/10140. The merchandise's chemical composition 
encompasses a core material of U St 23 (continuous casting) in which 
carbon is less than 0.08; manganese is less than 0.30; phosphorous is 
less than 0.20; sulfur is less than 0.015; aluminum is less than 0.01; 
and the cladding material is a minimum of 99[percnt] aluminum with 
silicon/copper/iron of less than 1[percnt]. The products are in strips 
with thicknesses of 0.07mm to 4.0mm (inclusive) and widths of 5mm to 
800mm (inclusive). The thickness ratio of aluminum on either side of 
steel may range from 3[percnt]/94[percnt]/3[percnt] to 10[percnt]/
80[percnt]/10[percnt].
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    \1\ See Final Results of Changed Circumstances Antidumping Duty 
and Countervailing Duty Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, 
64 FR 51292 (September 22, 1999). The Department noted that the 
affirmative statement of no interest by petitioners, combined with 
the lack of comments from interested parties, is sufficient to 
warrant partial revocation.
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    The HTSUS item numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Scope of Changed Circumstances Reviews

    The products subject to these changed circumstances reviews are 
certain corrosion-resistant carbon steel flat products from Canada and 
Germany meeting the following description: certain flat-rolled wear 
plate ranging from 30 inches to 50 inches in width, from 45 inches to 
110 inches in length and from 0.187 inch to 0.875 inch in total 
thickness, having a layer on one side composed principally of a 
combination of boron carbides, chromium carbides, nickel carbides, 
silicon carbides, manganese carbides, niobium carbides, iron carbides, 
tungsten carbides, vanadium carbides, titanium carbides and/or 
molybdenum carbides fused to a non-alloy flat-rolled steel substrate. 
The carbides are in the form of MxCx where ``M'' 
stands for the metal and ``x'' for the atomic ratio. An example of a 
common carbide would be (Cr7C3). The carbide 
layer is a visually distinct layer ranging in thickness from 0.062 inch 
to 0.312 inch with hardness at the surface of the carbide layer in 
excess of 55 HRC. See Eutectic Requests at 1.

Preliminary Results of Reviews and Intent to Revoke in Part the 
Antidumping Duty Orders

    Pursuant to sections 751(d)(1) of the Tariff Act of 1930, as 
amended (the Act), the Department may revoke an antidumping or 
countervailing duty order, in whole or in part, based on a review under 
section 751(b) of the Act (i.e., a changed circumstances review). 
Section 751(b)(1) of the Act requires a changed circumstances review to 
be conducted upon receipt of a request which shows changed 
circumstances sufficient to warrant a review. Section 782(h)(1) of the 
Act gives the Department the authority to revoke if producers 
accounting for substantially all of the production of the domestic like 
product have expressed a lack of interest in the continuation of 
relief. Section 351.222(g) of the Department's regulations provides 
that the Department will conduct a changed circumstances administrative 
review under 19 CFR 351.216, and may revoke an order (in whole or in 
part), if it concludes that (i) producers accounting for substantially 
all of the production of the domestic like product to which the order 
pertains have expressed a lack of interest in the relief provided by 
the order, in whole or in part, or (ii) other changed circumstances 
sufficient to warrant revocation exist.
    As stated in the Initiation Notice, petitioners and domestic 
interested parties attested to their lack of interest in having the 
merchandise commonly referred to as CastoDur Diamond Plate or certain 
wear plate, and fully described above in the ``Scope of the Changed 
Circumstances Reviews'' section, continue to be subject to the AD 
orders on corrosion-resistant carbon steel flat products from Canada 
and Germany.\2\ See Eutectic Requests at Attachments 1-4 and Memorandum 
to the File, from Angelica L. Mendoza, Senior Case Analyst, Office 7, 
``Confirmation of Interested Parties' Lack of Interest for 'Wear Plate' 
(marketed as 'CastoDur Diamond Plate') to Be Subject to the Above-
Captioned Antidumping Duty Orders,'' dated December 7, 2005. Since the 
Department received no comments during the comment period opposing the 
partial revocation of the orders as to certain wear plate products from 
these antidumping duty orders, the Department preliminarily concludes 
that producers accounting for substantially all of the production of 
the domestic like product to which these orders pertain, lack interest 
in the relief provided by these orders with respect to certain wear 
plate products. If these results become final, the Department will 
revoke the orders, in part, for all unliquidated entries, not subject 
to the final results of an administrative review, of products that meet 
the specifications set forth above, and that were entered for 
consumption on or after August 1, 2005, the beginning of the most 
recent review period. The Department will also instruct U.S. Customs 
and Border Protection to end the suspension of liquidation for certain 
wear plate products covered by these orders, and to release any cash 
deposits or bonds pursuant to 19 CFR 351.222(g)(4).
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    \2\ Petitioners include: United States Steel Corporation (U.S. 
Steel) and Mittal Steel USA ISG Inc. (formerly Bethlehem Steel 
Corporation, Ispat Inland Steel, and LTV Steel Company, Inc.). 
Domestic interested parties include: Nucor Plate Group of Nucor 
Corporation and Ipsco Inc.
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    Interested parties wishing to comment on these preliminary results 
may submit briefs to the Department no later than 16 days after the 
publication of this notice in the Federal Register.\3\ Parties will 
have five days subsequent to this due date to submit rebuttal comments, 
limited to the issues raised in those briefs. Parties who submit briefs 
or rebuttal comments in this proceeding are requested to submit with 
each argument (1) a statement of the issue and (2) a brief summary of 
the argument (no longer than five pages, including footnotes). Any 
requests for hearing must be filed within 30 days of the publication of 
this notice in the Federal Register.
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    \3\ All the interested parties presently known have stated that 
they no longer are seeking relief for this product and no longer are 
interested in its inclusion in scope of these orders, and therefore, 
we are using our discretion to alter the time period for comments.
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    All written comments must be submitted in accordance with 19 CFR 
351.303, with the exception that only three (3) copies for each case 
need be served on the Department. Any comments must also be served on 
all interested parties on the Department's service list, which is 
available on our website (http://ia.ita.doc.gov/apo/index.html). The 
Department will issue its final results in these changed circumstances 
reviews as soon as practicable following the above comment period, but 
not later than 270 days after the date on which the changed 
circumstances reviews were initiated, in accordance with 19 CFR 
351.216(e), and will publish these results in the Federal Register. 
While the changed circumstances reviews are underway, the current 
requirement for a cash deposit of estimated antidumping duties on all 
subject merchandise, including the merchandise that is the subject of 
these changed circumstances reviews, will continue unless and until 
these orders are revoked, in part, pursuant to the final results of 
these changed circumstances reviews or an administrative review.
    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216 and 351.222.

    Dated: February 1, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-1725 Filed 2-7-06; 8:45 am]
BILLING CODE 3510-DS-S